Shriram Narayan Shastri v. Rupee Co-Operative Bank Ltd.
HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1539 OF 2008 Shriram Narayan Shastri .. Applicant
IN THE MATTER BETWEEN:
Rupee Co-Operative Bank Ltd.
.. Petitioner
Versus
Shriram Narayan Shastri .. Respondent WITH INTERIM APPLICATION NO.18186 OF 2022 IN WRIT PETITION NO.1539 OF 2008 WITH INTERIM APPLICATION NO.3688 OF 2025 IN WRIT PETITION NO.1539 OF 2008 ....................
Mr. Drupad S. Patil, Advocate for Applicant in Interim Application. Mr. Nitin Deshpande, Advocate for Petitioner in Writ Petition. ...................
CORAM
: MILIND N. JADHAV, J.
DATE : SEPTEMBER 04, 2025 P.C.
:
1.
Heard Mr. Patil, learned Advocate for Applicant and Mr. Deshpande, learned Advocate for Petitioner 2.
After hearing the Applicant in Interim Application No.18186 of 2022 and the original Petitioner namely Rupee Co-operative Bank Limited on 02.07.2025, following order was passed after giving appropriate directions:- "1.
Heard Mr. Patil, learned Advocate for Applicant in Interim Application No.14165 of 2023 and Mr. Deshpande, learned Advocate for Petitioner appearing through Video Conferencing. 2.
Record of the present case shows that the present Writ Petition filed by Bank came to be dismissed for non-prosecution by order dated 03.09.2019 and Interim Application No.14165 of 2023 is
filed seeking its restoration albeit after delay of almost four years. 3.
For the reasons mentioned in the Application, delay is required to be condoned in view of the gross facts in the present case whereby borrower has shown his bonafides by depositing the entire amount with the Bank under the one time settlement arrived at between the parties, despite which it is his grievance that title deeds / documents of the mortgaged property have been withheld by the Bank and not returned back to him.
4.
If the aforesaid factum is true and correct, Mr. Deshpande is directed to take appropriate instructions from the Bank and accordingly apprise the Court on the next adjourned date failing which this Court will have to determine the present Writ Petition in accordance with law.
5.
Interim Application is for restoration. Mr. Patil does not object to the Interim Application. Delay is condoned. Order dated 03.09.2019 is set aside. Interim Application No.14165 of 2023 is allowed. Writ Petition is restored back to the record and file of the Court.
6.
I am informed that Bank is under liquidation. In that view of the matter, Official Liquidator shall give appropriate instructions to Mr. Deshpande, in respect of the title deeds / documents of borrower which are withheld in respect of subject property in the present case and inform the Court about its return to the borrower and any objections thereo.
7.
Equally if Official Liquidator is unaware of the same, he shall obtain appropriate instructions from the General Manager of the Bank and accordingly apprise Mr. Deshpande so that he can make appropriate submissions before the Court.
8.
After hearing Mr. Patil in the Writ Petition, it is prima facie seen that concurrent orders passed by the Co-operative Court in dispute between the parties will have to be upheld in view of the aforesaid facts in the present case, subject to hearing Mr. Deshpande's objections, if any.
9.
List the Writ Petition 09th July, 2025 on 'Supplementary Board'. To be treated as 'Part-Heard'.
10.
With the above directions, Interim Application No.14165 of 2023 is disposed."
3.
After hearing learned Advocates for parties in Interim Application No.18186 of 2022 on 23.07.2025, following order was passed after giving appropriate directions:- "1.
Heard Mr. Patil, learned Advocate for Applicant and Mr. Deshpande, learned Advocate for Petitioner.
2.
Mr. Deshpande would inform the Court that dispute with the Respondent stands reconciled according to the instructions received by him from Mr. Mhat, General Manager of Bank who is present in Court. He would submit that instructions received by him are to the extent that Consent Terms have been executed between the parties but there are certain permissions and sanctions required to be obtained from the Commissioner - Corporation and the State Government in respect of the effective settlement between the parties considering the substantive rights of Respondent which have been delineated in previous order passed by this Court. The statement as recorded of Mr. Deshpande is noted by the Court and at his instance four weeks time is granted to complete the aforesaid formalities / sanctions.
3.
Commissioner - Corporation as well as State Government shall ensure that if any sanctions are applied for by Bank, the same shall be accorded immediately without any delay in accordance with law on the basis of server copy of this order. 4.
Stand over to 20th August, 2025."
4.
Prima facie admitted position on record was that Applicant had deposited the entire amount due and payable with the Bank under One Time Settlement arrived at between the parties despite which the title deeds and documents of the subject mortgage property were withheld with the Bank prompting Applicant to move this Court by way of present Application. Appropriate directions have been given in the orders dated 02.07.2025 followed by orders dated 09.07.2025 and 23.07.2025 stand fully complied with.
5.
The parties before me have placed on record signed Minutes of Orders dated 21.07.2025 nomenclatured as 'jkstukek'. The same is taken on record and marked as 'X' for identification. It is running into three pages duly executed by five Bank Managers; one General Manager; Official Liquidator on behalf of Bank and Mr. S. N. Shastri on
behalf of Applicants namely Shastri Constructions Private Limited and Anand Constructions. For ease of reference, scanned copy of Minutes of Orders (jkstukek) are scanned and reproduced below:-
6.
Mr. Deshpande has also placed on record letter dated 19.08.2025 addressed by the Additional Commissioner Co-operation Department, Government of Maharashtra addressed to Official Liquidator of the Bank with approval of the Competent Authority, inter alia, stating that steps be taken to ensure that Bank does not incur any losses. Cognizance of the said letter is taken by the Court.
7.
Adequate reference to present Writ Petition is given therein as also to all other proceedings between the parties. Rights and obligations of the parties stated in the Minutes of Orders are taken as undertaking given to the Court, the same are accepted by the Court. 8.
By consent of both the parties, learned Advocates inform the Court that they shall comply with the rights and obligations stated in the Minutes of Orders (jkstukek) within a period of six weeks from today.
9.
On compliance of the same, Bank is directed to issue 'No Due Certificate' alongwith all title deeds and documents of the subject property to the Applicant.
10.
Both the parties shall abide by the terms and conditions of the Minutes of Orders (jkstukek) dated 21.07.2025. 11.
Parties will be at liberty to approach appropriate forum / Court wherein the disputed matters between parties stated in the Minutes of Orders (jkstukek) are required to be disposed and appropriate forum/Court shall pass appropriate orders therein. 12.
Liberty is granted to parties to apply for disposal by way of praecipe of matters which are pending in this Court, depending upon the assignment.
13.
Liberty to apply in case of any difficulty.
14.
Order is passed in terms of Minutes of Orders (jkstukek) dated 21.07.2025 which are taken on record today.
15.
In view of above, Writ Petition is disposed. In view of disposal of Writ Petition, pending Interim Applications, if any, are also disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:
2025.09.04 17:35:52 +0530 HARSHADA HANUMANT SAWANT